new_report with military,borrowing,diplomatic powers

8/9/2019 New_report With Military,Borrowing,Diplomatic Powers

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OUTLINE:

I. Executive Power

II. The President and the Vice President

1. Qualifications. election and ter!

". oath

#. Privile$es and salar%&. Prohi'itions

(. )e!oval

III. Powers of the PresidentIV. *octrine of Qualified Political +$enc%

V. ,uccession

----------I. Executive Power 'riefl% descri'e as the /ower to enforce and ad!inister the laws.

+rt. VII0 ,ec. 10 123 Phili//ine 4onstitution

5The executive /ower shall 'e vested in the President of the Phili//ines.6

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1. Qualifications: +rt. VII0 ,ec.

1. a natural7'orn citi8en of the Phili//ines0

. a re$istered voter0". a'le to read and write0

#. at least fort% %ears of a$e on the da% of the election0

&. and a resident of the Phili//ines for at least ten %ears i!!ediatel% /recedin$

such ter!s.

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+rt. VII0 ,ec. " :5There shall 'e a Vice7President who shall have the sa!e 9ualifications and ter! of

office and 'e elected with0 and in the sa!e !anner0 as the President. e !a% 'e re!oved

fro! office in the sa!e !anner as the President.6

+ Natural7'orn citi8en is one who is a citi8en of the Phili//ines fro! 'irth without

havin$ to /erfor! an% act to ac9uire or /erfect his Phili//ine 4iti8enshi/. ;+rt. VI0 ,ec.0 4onstitutiono' that aside fro! re9uirin$ all of the office

holderHs ti!e0 also de!ands undivided attention.

Aut this /rivile$e /ertains to the President '% virtue of the office and !a% 'e invo?ed onl% '%

the holder of the office not '% an% other /erson in the PresidentHs 'ehalf. Thus0 an accused in a

cri!inal case in which the President is co!/lainant cannot raise the /residential /rivile$e as a

defense to /revent the case for! /roceedin$ a$ainst such accused. =oreover0 there is nothin$ inour laws that would /revent the President fro! waivin$ the /rivile$e.

Executive privilege 3 )i$ht of the President and hi$h7level executive 'ranch officials to withhold

infor!ation fro! 4on$ress0 the 4ourts0 and ulti!atel%0 the /u'lic. The necessit% for withholdin$ theinfor!ation !ust 'e of such hi$h de$ree as to outwei$h the /u'lic interest in enforcin$ that o'li$ation

in a /articular case. ;,enate vs Er!itaud$!ent of the National ,ecurit%

+dviser are covered '% the executive /rivile$e and

v. ,uch other officers as !a% 'e deter!ined '% the President.

8888888888

+rt. VII0,ec. ";orit% vote of all its =e!'ers0 shall su'!it its re/ort to the

ouse within sixt% session da%s fro! such referral0 to$ether with the corres/ondin$ resolution.

d. The resolution shall 'e calendared for consideration '% the ouse within ten session da%s fro!

recei/t thereof.". Nu!'er of Votes

+ vote of at least one7third of all the =e!'ers of the ouse shall 'e necessar% either to affir! a

favora'le resolution with the +rticles of I!/each!ent of the 4o!!ittee0 or override its contrar%resolution. The vote of each =e!'er shall 'e recorded.

#. In case the verified co!/laint or resolution of i!/each!ent is filed '% at least one7third of all the

=e!'ers of the ouse0 the sa!e shall constitute the +rticles of I!/each!ent0 and trial '% the ,enateshall forthwith /roceed.

&. No i!/each!ent /roceedin$s shall 'e initiated a$ainst the sa!e official !ore than once within a

/eriod of one %ear.(. The ,enate shall have the sole /ower to tr% and decide all cases of i!/each!ent. Khen sittin$ for

that /ur/ose0 the ,enators shall 'e on oath or affir!ation. Khen the President of the Phili//ines is on

trial0 the 4hief Fustice of the ,u/re!e 4ourt shall /reside0 'ut shall not vote. No /erson shall 'e

convicted without the concurrence of two7thirds of all the =e!'ers of the ,enate.M Khen seatin$ for that /ur/ose0 the ,enators shall 'e on oath of affir!ation.

BI sole!nl% swear ;or affir!0 as the case !a% 'e< that in all thin$s a//ertainin$ to the trial of the

i!/each!ent of 0 now /endin$0 I will do i!/artial >ustice accordin$ to the 4onstitution

and laws: ,o hel/ !e Cod.B

M Khen the President of the Phili//ines is on trial0 the 4hief Fustice of the ,u/re!e 4ourt shall/reside0 'ut shall not vote.

3. Fud$!ent in cases of i!/each!ent shall not extend further than re!oval fro! office and

dis9ualification to hold an% office under the )e/u'lic of the Phili//ines0 'ut the /art% convicted shallnevertheless 'e lia'le and su'>ect to /rosecution0 trial0 and /unish!ent0 accordin$ to law.

2. The 4on$ress shall /ro!ul$ate its rules on i!/each!ent to effectivel% carr% out the /ur/ose of this

section.

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P05ER/ 0+ %E PRE/"1E&%

1. EGE4UTIVE POKE) : +rt. VII0 ,ec. 1

The executive power shall be vested in the President of the Philippines.

The President shall have control of all the executive de/art!ents0 'ureaus0 and offices. e shall

ensure that laws are faithfull% executed. ;+rt. VII0 ,ec. 13ect to >udicial review.

Aut0 waitR Khile the 4ourt considered the Presidents 5callin$7out6 /ower as a discretionar%

/ower solel% vested in his wisdo! and that it cannot 'e called u/on to overrule the Presidents wisdo!

or su'stitute its own0 it stressed that 5this does not /revent an exa!ination of whether such /ower wasexercised within /er!issi'le constitutional li!its or whether it was exercised in a !anner constitutin$

$rave a'use of discretion. ;IAP v. Sa!ora0 C). No. 1#12#0 +u$ust 1&0 @@@ < Fudicial in9uir% can $o

no further than to satisf% the 4ourt not that the Presidents decision is correct0 'ut that 5the President

did not act ar'itraril%.6 Thus0 the standard is not correctness0 'ut ar'itrariness. It is incu!'ent u/on the/etitioner to show that the Presidents decision is totall% 'ereft of factual 'asis6 and that if he fails0 '%

wa% of /roof0 to su//ort his assertion0 then 5this 4ourt cannot underta?e an inde/endent investi$ation

'e%ond the /leadin$s. ;IAP v. Sa!ora cited in *avid v. +rro%oudiciall% char$ed for

re'ellion or offenses inherent in or directl% connected with invasion.

4. Effect on $pplicable Persons

The sus/ension of the /rivile$e of the writ does not i!/air the ri$ht to 'ail. ;,ection 1"0 +rticle


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III of all the members of #enate is need for the validity and effectivityof(


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a. Treaties of whatever "ind, whether bilateral or multilateral.b. International 8greements that which are permanent and original

2. hen 'oncurrence of %enate Not Needed

'ess formal types of international agreements/ 8greements, which are temporary, or are mereimplementations of treaties or statutes do not need concurrence.

%cope of Power to 'oncur

The power to ratify is vested in the President sub+ect to the concurrence of #enate. The roleof the #enate, however, is limited only to giving or withholding its consent or concurrence, tothe ratification. Hence, it is within the authority of the President to refuse to submit a treaty tothe #enate. 8lthough the refusal of a state to ratify a treaty which has been signed in hisbehalf is a serious step that should not be ta"en lightly, such decision is within thecompetence of the President alone, which cannot be encroached by the Court via a writ ofmandamus. Pimentel v. %xecutive #ecretary, 44

The power of the #enate to give its concurrence carries with it the right to introduceamendments to a treaty.

>F #C=8 >-

*. Power to Deport

The power to deport aliens is lodged in the President. It is sub+ect to the regulationsprescribed in #ection


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The 0udet of receipts and e6penditures prepared by the President is the basis for the

general appropriation bill passed by the Congress.!44

The phrase Esources of financing* has reference to sources other than taxation .

'. "o4ernment +udetary Process

The complete government budgetary process has been graphically described as consisting offour ma+or phases(

.

Audget Preparation

.

'egislative 8uthori$ation

.

Audget %xecution

.

Audget 8ccountability!4

D. 'onress May Not 9ncrease ppropriations

The Congress may not increase the appropriations recommended by the President for theoperation of the 7overnment as specified in the budget. 8rticle DI #ection -

(. Executive 4le!enc% ;+rt. VII0 ,ec. 1


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Except in cases of i!peach!ent, or as otherwise provided in this Constitution, the President !a&

grant reprieves, co!!utations, and pardons, and re!it fines and forfeitures, after conviction b& final

(udg!ent.

$e shall also have the power to grant a!nest& with the concurrence of a !a(orit& of all the e!bers

of the Congress.

Executive cle!enc% is $ranted for the /ur/ose of relievin$ the harshness of the law or

correctin$ !ista?es in the ad!inistration of >ustice.

*efinitions:

)e/rieves a te!/orar% relief fro! or /ost/one!ent of execution of cri!inal /enalt% or

sentence or a sta% of execution. ;Alac?Hs Law *ictionar%0 2thEditionudicial notice of it

Effectivity

Loo?s 'ac?ward and a'olishes and /uts intoo'livion the offense itself0 it so overloo?s and

o'literates the offense which he is char$ed that the

/erson released '% a!nest% stands 'efore the law

/recisel% as thou$h he had co!!itted no offense.

Loo?s forward and relieves the offender fro! theconse9uences of an offense of which he has 'een

convicted

!imitation

=a% 'e $ranted even 'efore trial 4an 'e $ranted onl% after conviction.

4onstitutional Li!itations:

a< 4annot 'e $ranted in cases of i!/each!ent ;+rt. VII0 ,ec. 1ustified in not

actin$ on his /ro/osals.

The President usuall% dischar$es the infor!in$ /ower throu$h what is ?now as the state7of7the7

nation7address ;,ON+


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11. Other Powers

Power to call the 4on$ress to s/ecial session ;+rt. VI0 ,ec. 1&uncts of the Executive *e/art!ent0 the

heads of the various executive0 and 0 exce/t in cases where the 4hief Executive is re9uired '%

the 4onstitution or law to act in /erson or the exi$encies of the situation de!and that he acts

/ersonall%0 the !ultifarious executive and ad!inistrative functions of the 4hief Executive are/erfor!ed '% and throu$h the executive de/art!ents0 and the acts of the ,ecretaries of

Executive de/art!ents when /erfor!ed and /ro!ul$ated in the re$ular course of 'usiness or

unless disa//roved or re/ro'ated '% the 4hief Executive0 are /resu!/tivel% the acts of the4hief Executive. ;Villena v ,ecretar% of the Interior0 C.). No. #&(3@0 +/ril 10 1"

new_report with military,borrowing,diplomatic powers

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